Judge Richard May, Presiding
Judge Mohamed Bennouna
Judge Patrick Robinson

Mrs. Dorothee de Sampayo Garrido-Nijgh

Order of:
16 September 1999







The Office of the Prosecutor:

Mr. Geoffrey Nice
Mr. Kenneth Scott
Ms. Susan Somers
Mr. Patrick Lopez-Terres

Counsel for the Accused:

Mr. Mitko Naumovski, Mr. Leo Andreis, Mr. David F. Geneson, Mr. Turner T. Smith, Jr., Ms. Ksenija Turkovic, Mr. Stephen M. Sayers and Mr. Robert A. Stein, for Dario Kordic
Mr. Bozidar Kovacic and Mr. Goran Mikulicic, for Mario Cerkez


THIS TRIAL CHAMBER of the International Tribunal for the Prosecution of Persons Responsible for Serious Violations of International Humanitarian Law Committed in the Territory of the Former Yugoslavia since 1991 ("the International Tribunal"),

BEING SEISED of a Motion for particular protective measures filed by the Office of the Prosecutor ("Prosecution") on 15 September 1999 ("the Motion") seeking protective measures in respect of the witness identified in the Motion,

HAVING HEARD the arguments of the parties in respect of the witness in private session on 16 September 1999,

CONSIDERING that the relief requested by the Prosecution in the Motion is appropriate for the privacy and protection of the witness but is still consistent with the rights of the accused,

PURSUANT TO RULES 75 and 79 of the Rules of Procedure and Evidence of the International Tribunal,

HEREBY GRANTS THE MOTION in respect of the witness AND ORDERS as follows:

  1. the pseudonym M shall be used whenever referring to this witness in proceedings before the International Tribunal and in discussions among parties to the trial;
  2. the testimony of witness M shall be heard in closed session; edited records and transcripts of the sessions shall be released to the public and to the media after review by the Prosecution in consultation with the Victims and Witnesses Unit;
  3. the name, address, whereabouts and other identifying information concerning witness M shall be sealed and not included in any of the public records of the International Tribunal;
  4. to the extent the name of, or other identifying data concerning, witness M is contained in existing public documents of the International Tribunal, that name and other identifying data shall be expunged from those documents;
  5. documents of the International Tribunal identifying witness M shall not be disclosed to the public or the media; and
  6. the public and the media shall not photograph, video-record or sketch the protected witness while the witness is in the precincts of the International Tribunal.

Done in English and French, the English text being authoritative.

Richard May

Dated this sixteenth day of September 1999
At The Hague
The Netherlands

[Seal of the Tribunal]